JUDGMENT

Lim Hock Leng JCA:

Introduction

[1] The Respondents/Plaintiffs' bungalow at 50 Jalan Taman Pantai, Kuala Lumpur, was damaged by demolition/construction works carried out by their neighbours in 2009.

[2] They sued their neighbours (the 1st and 2nd Defendants) and their neighbours' architect, contractor, and consultant engineer (the 3rd, 4th and 5th Defendants) for negligence.

[3] The litigation has a long and chequered history but the appeal before us is by the 5th Defendant/Appellant alone.

[4] The appeal is against the decision of the learned HCJ Nik Hasmat Binti Nik Mohamad J on 1 November 2023.

[5] The learned HCJ had allowed the Plaintiffs' claim for reassessment of damages against the 5th Defendant with costs of RM5,000.00 subject to payment of the allocatur fee, as follows:

i. loss of rental/loss of use of the bungalow - RM2,171,570.00

ii. repair and rectification of the bungalow - RM1,171,012.00

iii. aggravated and/or exemplary damages - RM300,000.00

[6] The learned HCJ did not allow the claims for mental distress and hardship, and costs of moving back to the bungalow.

[7] The guiding principle in an appeal against a reassessment of damages is that there ought not to be any app